The District Elementary Educational Officer, v. Lusia,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P.(MD)No.734 of 2021 1.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

2.The Block Educational Officer, Tenkasi, Tirunelveli.

... Appellants / Respondents 1 & 2 Vs 1.Lusia ... 1st Respondent / Writ Petitioner 2.The Correspondent, R.C.Primary School, Vallam, Senkottai Taluk, Tirunelveli District.

... 2nd Respondent / 3rd Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 26.09.2019 made in W.P.(MD)No. 20750 of 2019 and dismiss the writ petition.

1/4

For Appellants : Mr.V.Om.Prakash Government Advocate For Respondent : Mr.P.Chellapandian for R1

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The writ petitioner herein was appointed as secondary grade teacher in R.C.Primary School, Vallam, Senkottai Taluk on 15.02.2013. Her appointment was also approved on 11.09.2017. However, her yearly and incentive increment were not sanctioned and other benefits were not provided on the ground that she did not possess TET qualification. Hence, seeking appropriate direction in this regard, she filed W.P. (MD)No.20750 of 2019. The writ petition was allowed vide order dated 26.09.2019. Questioning the same, this writ appeal has been filed by the department.

3. It is well settled that the teacher working in a minority institution need not possess TET. The order impugned in this writ 2/4

appeal is sustained. The writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (R.P., J.) 27.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi W.A.(MD) No.246 of 2021 27.11.2024 4/4